Bartle v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment, entered July 15, 1907, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions ordered to be Ijeard in the first instance by the Appellate Division, denying a motion for a new trial and' directing judgment for defendant on dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered July 15, 1907, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions ordered to be Ijeard in the first instance by the Appellate Division, denying a motion for a new trial and' directing judgment for defendant on dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was guilty of negligence. (Fox v. New York, 5 App. Diy. 349; 26 Am. & Eng. Ency. of Law [2d ed.], 511; Ryan v. R. R. Co., 121…
1Opinion of the CourtEdward T. Bartlett, J.
At the close of plaintiff’s evidence defendant’s counsel moved for a nonsuit upon the ground that the plaintiff had failed to make out any cause of action; had not shown any negligence on the part of the defendant which was the proximate cause of the accident; *364had failed to show freedom from contributory negligence. The plaintiff’s counsel asked to go to the jury upon the question whether the plaintiff exercised due care in view of all the circumstances ; also upon the question of the plaintiff’s alleged contributory negligence and defendant’s negligence. The trial judge granted the motion…
2Cases cited5 opinions
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Mearns v. Central Railroad of New JerseyNew York Court of Appeals · 1900
- Brooks v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1883
- Delamatyr v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1869
- Bartholomew v. . New York Central Hudson River Rd. Co.New York Court of Appeals · 1886
3Cited by1 opinion
- Raymond G. Richards v. New York, New Haven & Hartford Railroad Co.Court of Appeals for the Second Circuit · 1957